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Emissions Trading Schemes under International Economic Law - Oxford Scholarship Online
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Emissions Trading Schemes under International Economic Law

James Munro

Abstract

This book assesses whether—and how—emissions trading schemes are subject to international economic law. Through an analysis of trade and investment treaties and related jurisprudence, it argues that the objects of trade in these schemes, namely carbon units (also known as emissions permits or carbon credits), are capable of being legally characterized as ‘goods’, ‘services’, ‘financial services’, and ‘investments’ under international economic law. The sui generis properties of carbon units—such as their intangibility, their degree of permanence, their relationship to an economic activity perfo ... More

Keywords: international economic law, emissions trading schemes, carbon units, carbon credits, World Trade Organization, Paris Agreement, bilateral investment treaties, investor-state dispute settlement, climate law

Bibliographic Information

Print publication date: 2018 Print ISBN-13: 9780198828709
Published to Oxford Scholarship Online: October 2018 DOI:10.1093/oso/9780198828709.001.0001

Authors

Affiliations are at time of print publication.

James Munro, author
Associate to The Hon Justice Middleton, Federal Court of Australia